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Article

6 Nov 2014

Author:
Roel Nieuwenkamp, Chair of OECD Working Party on Responsible Business Conduct, for Institute for Human Rights and Business

Commentary: OECD's human rights grievance mechanism could be a competitive advantage for govts., says Chair of OECD Working Party on Responsible Business Conduct

"OECD’s Human Rights Grievance Mechanism as a Competitive Advantage", 4 Nov 2014

As a non-judicial mechanism the NCP [OECD's National Contact Point] mechanism provides a unique venue for resolution of issues related to human rights and business. This mechanism not only contributes to strengthening implementation of the UNGPs, specifically through providing access to remedy, but also serves as a useful tool for businesses themselves...Utilizing the NCP mechanism provides a venue for enterprises to discuss and explore issues regarding responsible business conduct in a low-cost, non-adversarial manner, which can avoid further escalation of disputes...However NCPs only represent a competitive advantage if they are sufficiently resourced and active. Governments adhering to the Guidelines that neglect to set up well-functioning and accessible NCPs or that are overly restrictive in accepting cases for mediation are denying an important service to industry and related stakeholders. They are also denying themselves of an effective mechanism for implementation of expectations under the UNGPs and the Guidelines...Thus the role of NCPs should be a central feature of NAPs of countries adhering to the Guidelines. Countries that do not adhere to the OECD Guidelines are recommended to set up a similar mechanism, for example one linked to their National Human Rights Institute (NHRI)...[Refers to Soco International]